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Defendant shall be punished by a fine of KRW 7,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The defendant is a person who installs and sells a plastic greenhouse or a shot-maid dog with the trade name of C.
The Defendant sold approximately 15,00 plastic cover opening and closing devices using a house and Gad from December 2, 2007 to March 2009, to farmers in the above C plant located in G in G, G, G, G, and the Defendant sold approximately 15,00 plastic cover openings.
However, such opening and closing device is a product that E and F have registered a utility model with registration number G on January 28, 2003 to the Korean Intellectual Property Office on January 16, 2004 and made use of a device such as “the opening and closing device on the side of a vinyl,” where a utility model right is installed, after the technical evaluation confirmation is registered on January 16, 2004.”
In addition, from November 2008 to March 2009, the Defendant sold approximately 10,000 drums for drums, which is a plastic greenhouse opening and closing device, and approximately 15,000 fixed pin, to farmers in the above factory.
However, such a drum for right exploitation is a product using the same device as “ Boh-muff opening and opening device with a utility model right, for which H made a utility model registration number I on Aug. 21, 2004, and on Jun. 15, 2005, for which a technology evaluation confirmation is made, is applied.” The fixed pin is a product using the same device as “ Boh-muff opening and closing device with a suppression of drixing and closing devices with a utility model right,” and the aforementioned fixed pin is registered with the Korean Intellectual Property Office on Oct. 7, 2004 by F and H with the registration number J on Sept. 23, 2005 and with the registration of technology evaluation confirmation on Sept. 23, 2005.”
As above, the Defendant, as a business, produced and transferred articles used exclusively for the production of products relating to the registered utility model, thereby infringing on the victims’ utility model rights.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by witnesses E in the second protocol of the trial;
1. The statements of witnesses F and H in the third protocol of the trial;
1. A protocol of examination of part of the defendant by prosecution;
1. Each police statement of the E, F, and H;
1. A complaint;
1. Each original register of utility model registration;